Justia North Dakota Supreme Court Opinion Summaries

The State appealed from an order of dismissal after the district court dismissed conspiracy charges against Kristen Howard and Oshaya Watkins for lack of probable cause. The State charged Howard and Watkins with conspiracy to commit burglary and conspiracy to commit aggravated assault, both class C felonies. Kelly recorded a conversation on her phone that she had with Howard and Watkins at their workplace in Minot. Howard supervised Kelly and Watkins and called them in on their day off for this meeting. Howard and Watkins were speaking when Kelly arrived. Howard told Kelly that Howard’s husband was having an affair with “Jane Doe,” a service member in the U.S. Air Force. Howard allegedly planned to get back at Doe for having the affair with Howard’s husband. The three would then take Doe drinking in Minot and slip her a drug. Watkins was supposed to get Doe’s keys, and Howard would then go back to Doe’s apartment and “plant paraphernalia and drug items.” The apparent purpose of drugging Doe and planting items was to get Doe in trouble with the Air Force. Howard told Kelly and Watkins she had a drug they could use. After the conversation ended, Kelly reported it to the Ward County Sheriff’s Office. A deputy contacted Howard’s husband, who confirmed he had an affair with Doe. The deputy also spoke to Doe, who said she received text messages about meeting up with others that evening. However, the person texting Doe told Doe her name was Mandy, and the phone number did not come back to Howard or Watkins. No meeting took place. After a preliminary hearing, the district court dismissed the charges without prejudice for lack of probable cause. After review, the North Dakota Supreme Court found the trial court erred when it found no evidence establishing probable cause that Howard and Watkins committed an overt act to effect the alleged conspiracy. Judgment was reversed and the matter remanded for further proceedings. View "North Dakota v. Howard" on Justia Law

The State appealed a district court order dismissing without prejudice a charge of gross sexual imposition against Donald Mitchell, arguing the court erred in finding that the testimony submitted was insufficient for a finding of probable cause. At the preliminary hearing, Officer Brian Williams was the only witness. He was not the investigating officer, and before the preliminary hearing, he had not had any contact with Mitchell. The basis for Officer Williams’ testimony was his familiarity with a report prepared by another officer. He testified there was video evidence and that he had been told showed sexual intercourse between Mitchell and the alleged victim. Officer Williams also testified that the alleged victim was under the age of 15 at the time of the incident. The district court concluded that there was not probable cause because the officer did not have first-hand knowledge and he “failed to give any type of an assertive ID.” The North Dakota Supreme Court reversed, finding that in a preliminary hearing, the State was not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but rather need only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty. The Court Found the State presented testimony there was a video obtained from the alleged victim showing Mitchell engaging in sexual intercourse with the alleged victim, and that she was 14 years old at the time. Although the testifying officer had not personally viewed the video, his testimony contained sufficient information to establish probable cause to believe that Mitchell had engaged in a sexual act with a victim less than 15 years old. View "North Dakota v. Mitchell" on Justia Law

James Black appealed following his conditional guilty plea to ten counts of possession of certain materials prohibited, class C felonies. Black argued the district court was required to suppress evidence obtained during an unreasonable search following an improper initial entry into his home. Black also argued the trial court was required to suppress evidence obtained during a subsequent search of his home pursuant to a search warrant that lacked probable cause. After review, the North Dakota Supreme Court concluded the initial search was not unreasonable and the subsequent search warrant was valid. Therefore, judgment was affirmed. View "North Dakota v. Black" on Justia Law

Larry Froistad appeals from an order denying his application for postconviction relief to withdraw his guilty plea. In 1998, Froistad pled guilty to murdering his daughter by setting fire to his residence when she was inside. In 2000, 2012 and 2020, Froistad applied for postconviction relief. In the third such application, Froistad sought to withdraw his guilty plea. The State responded and raised the affirmative defenses of res judicata and misuse of process. After an evidentiary hearing, the district court denied the application because it was untimely under N.D.C.C. 29-32.1-01, and the claims were barred by res judicata and misuse of process under N.D.C.C. 29- 32.1-12. The court also concluded the alleged newly discovered evidence of false confessions, when reviewed in light of the evidence as a whole, would not establish that Froistad did not commit murder. Froistad argued the district court erred in his third application for postconviction relief by concluding his claims were barred by res judicata. Finding no reversible error, the North Dakota Supreme Court affirmed. View "Froistad v. North Dakota" on Justia Law

J.B. appealed a district court order denying his petition for treatment in community placement. J.B. was committed to the North Dakota State Hospital as a sexually dangerous individual in September 2005. At the hearing, the State called Dr. Deirdre D’Orazio, who testified that J.B. remained a sexually dangerous individual and was not ready for community placement. J.B. called Dr. Stacey Benson, who also testified that J.B. remained a sexually dangerous individual but that he was ready for community placement. Based on his expert’s opinion, J.B. petitioned for community placement. The trial court found the State established clear and convincing evidence that J.B. remained a sexually dangerous individual under N.D.C.C. 25-03.3-01(8), and denied his petition for community placement, concluding that the statute was constitutional and that because the executive director did not petition for community placement, it lacked subject-matter jurisdiction to consider J.B.’s petition. On appeal, J.B. argued the district court erred in determining that N.D.C.C. 25-03.3-24 did not violate the separation of powers. Finding no reversible error, the North Dakota Supreme Court affirmed the district court order. View "Interest of J.B." on Justia Law

The State petitioned the North Dakota Supreme Court to exercise its original jurisdiction and issue a writ of supervision directing the district court to grant a motion to amend a charge against Misty Lee Schwarz. Schwarz was charged with fourth offense of driving under the influence of alcohol (“DUI”) and a sixth offense in five years of driving with a suspended license. On November 9, 2020, the State and Schwarz reached a plea agreement, which called for amending the fourth offense DUI down to a third offense DUI. This agreement would change the offense level from a class C felony to a class A misdemeanor. It also included a provision agreeing to a specific sentence. The same day, the State filed a motion to amend the charge. The State asserted the charge needed an amendment to a lower level offense to create a longer sentence for Schwarz due to the COVID-19 pandemic. At a pretrial conference, the court expressed concern with amending the charge to the misdemeanor third offense, and ultimately denied the plea agreement and motion to amend the charge. The State sought a writ of supervision from the Supreme Court to compel the district court to amend the charge, arguing the court violated the separation of powers doctrine and infringed upon the State’s prosecutorial discretion. Finding that the court did not abuse its discretion when it denied the State’s motion, the Supreme Court denied the State’s petition for a writ of supervision. View "North Dakota v. Louser, et al." on Justia Law

On March 13, 2020, North Dakota Governor Doug Burgum declared a state of emergency and activated the North Dakota State Emergency Operations Plan via Executive Order (“E.O.”) 2020-03. Governor Burgum’s declaration of a state emergency was in response to the public health crisis resulting from the novel coronavirus (“COVID-19”). On March 19, 2020, Governor Burgum issued E.O. 2020-06 which closed certain business establishments in North Dakota, limited physical access to other business establishments in North Dakota, directed state agencies and offices to regulate staffing, and limited access to the North Dakota State Capitol by appointment only. These restrictions were set to expire on April 6, 2020. On March 27, 2020, E.O. 2020-06 was amended as E.O. 2020-06.1 to include the closure of salons and ordering licensed cosmetologists to cease operations. Kari Riggin appealed a criminal judgment entered after she conditionally pled guilty to a violation of Executive Order 2020-06, an infraction. Riggin challenged the Governor’s authority to restrict her ability to engage in cosmetology services within an assisted living facility as part of the State’s response to a declared state of emergency. Finding the governor did not exceed the statutory authority delegated to him through N.D.C.C. ch. 37-17.1. Riggin failed to adequately support her challenge E.O. 2020-06 was unconstitutional because it restricted her right to conduct business, engage in employment, and failed to adequately support her contention the executive order and the criminal penalties imposed for a violation of an executive order were unconstitutionally vague and overbroad. Accordingly, judgment was affirmed. View "North Dakota v. Riggin" on Justia Law

Lorenzo Pemberton appealed an order denying his application for postconviction relief. Pemberton argued he was convicted of a non-cognizable offense, attempted knowing murder, which did not require the defendant to have an intent to cause the death of another human being. He also argued he received ineffective assistance of counsel. After review, the North Dakota Supreme Court determined attempt to “knowingly” commit a murder was indeed a non-cognizable offense and that the erroneous jury instruction allowing conviction for attempted knowing murder was not harmless beyond a reasonable doubt. Judgment was reversed and the matter remanded for further proceedings. View "Pemberton v. North Dakota" on Justia Law

K.V. appealed a juvenile court memorandum opinion, issued after remand, that denied his motion to suppress evidence. K.V. was charged and adjudicated a delinquent child for possession of a controlled substance and possession of drug paraphernalia in January 2019. K.V. moved to suppress the evidence gathered after the stop. Following a hearing on the motion to suppress, the juvenile court issued an order denying K.V.’s motion. K.V. appealed, arguing the warrantless search violated the Fourth Amendment. The North Dakota Supreme Court reversed and remanded for reconsideration because the juvenile court did not make specific findings on the reasonableness of the pat down and did not identify what exception to the warrant requirement justified the search. Following remand, the juvenile court issued the memorandum opinion at issue here. The court concluded the pat down was justified based on officer safety, but determined the further search was not supported by the record for officer safety, because the officer did not identify what he felt during the pat down. However, relying on precedent from another jurisdiction that did not require individualized suspicion to search a passenger when the odor of marijuana is emanating from a vehicle, the court found, that based on what he saw, heard and smelled, the officer believed he had probable cause to search K.V. for marijuana and related paraphernalia. The court concluded, “based on the totality of the circumstances that Officer Engen had probable cause to search the person of K.V. for illegal drugs and the search was legal.” The North Dakota Supreme Court concluded the juvenile court erred in concluding the officers had probable cause to conduct a warrantless search of K.V. under the totality of the circumstances, and reversed the juvenile court’s memorandum opinion denying K.V.’s motion to suppress and the order adjudicating K.V. a delinquent child. View "Interest of K.V." on Justia Law

Travis Lafromboise appealed after he conditionally pled guilty to charges of burglary and criminal mischief, reserving the right to appeal the district court’s denial of his motion to dismiss. Lafromboise argued the district court erred in denying his motion to dismiss and granting the State a continuance, contending the time limitations under the Uniform Mandatory Disposition of Detainers Act expired and the court no longer had jurisdiction. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Lafromboise" on Justia Law